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Both Parties Misunderstood the ESI Protocol Regarding Production From Personal Email Accounts
Often, people write what they mean and mean what they write. However, in Flybar, Inc. v. Express Trade Capital, Inc., 2026 WL 3231635 (S.D.N.Y. Oct. 28, 2026), “the Court disagrees with both parties’ reading of...
AI Was Supposed to End Document Review. Reviewers Have Never Been Busier.
For the past few years, the prediction in eDiscovery has been simple: generative AI is coming for first-level review, and the contract reviewer is living on borrowed time. That isn’t what we’re seeing. Not at...
Dynamite Discovery Blasted by Court
Courts have a great way of making a point. Plaintiffs call this a fishing expedition. In part, I agree. The subpoenas demand a large share of documents in Plaintiffs’ control for the last ten years....
What Makes Early-Career eDiscovery Talent Stand Out in the Age of AI?
Like many people in eDiscovery, Khrhysna “Khrys” McKinney didn’t set out to work in legal. Today she is the founder of EDRM Trusted Partner K. L. McKinney, a boutique consulting and staffing firm focused on...
Honest Error – No Sanctions, But a Penalty
Faced with an honest error in submitting a motion with inaccurate citations, the court did not impose sanctions but held that it would not consider the replacement authorities.
A Little Grace
When I was a baby lawyer, I had the good fortune to work alongside some of the finest trial lawyers of the day. Their lessons resurface decades later when I least expect them.
A Beautiful Tribute by the Supreme Court of Arkansas
I don’t live in Arkansas and did not know Professor John L. Cook, but wanted to note a beautiful tribute by the Supreme Court of Arkansas: This October, Professor John Cook passed away following a...
Weekly Letter to Our EDRM Global Community – 03 November 2026
This week’s EDRM letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
An ESI Protocol is Not a Shield Against Discovery Obligations – Is There a Duty to “Fess Up?” – Part III
Plaintiff’s argument that an ESI Protocol limited its discovery obligations was squarely rejected in CR Legal Team, LLP v. Carruthers & Roth, P.A., 2026 WL 3135943 (M.D. N.C. Oct. 20, 2026). It was insufficient for...
HaystackID Expands CaseBot Into Agentic AI Case Intelligence With Eight Specialized Skill Agents
HaystackID®, a trusted partner focused on managing complex data and workflow challenges in legal, compliance, regulatory and cybersecurity environments, today announced that CaseBot™ is now available as agentic AI case intelligence, with eight Specialized Skill...
Court Denies Motion to Prohibit Use of GenAI by Opponents
A court recently addressed Defendants’ Joint Motion for an Order Prohibiting the Use of Generative AI. The Defendants relied on Fed. R. Civ. P. 11 and the court’s common-law inherent authority to support their motion...
Privilege Logging an Email String or Thread—Is There a Better Mousetrap?
There are varying schools of thought on how to enter an email string or thread in a privilege log. The “top email only” approach is less expensive, but may run afoul of the “trust, but...